Terms & Conditions

PACIFIC FORUM LINE - TERMS AND CONDITIONS

1. Definitions

‘Carrier’ means Pacific Forum Line Ltd or Pacific Forum Line (NZ) Ltd on whose behalf the Bill of Lading has been signed.

‘Merchant’ includes the Shipper, Holder, Consignee, the Receiver of the Goods, any person owning or entitled to the possession of the goods or the Bill of Lading and anyone acting on behalf of such persons, including but not limited to agents, servants, independent contractors and freight forwarders.

‘Person’ means any natural person, company, firm, body corporate of unincorporated association or body, including any Government or governmental or statutory instrumentality or port authority.

‘Carriage’ means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading.

‘Holder’ means any person for the time being in possession of the Bill of Lading to whom the property in the Goods has passed by reason of the consignment of the Goods or the endorsement of the Bill of Lading or otherwise.

‘Goods’ means the cargo accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier.

‘Container’ includes any container, trailer, transportable tank, fl at, pallet or any similar article of transport used to consolidate goods, and any other equipment associated or attached thereto.

‘Combined Transport’ arises when the Shipper specifies Combined Transport in the Basis of Shipment options shown on the face hereof and indicates also the address (es) for acceptance and address (es) for Delivery there under, and the freight applicable to Combined Transport movement (as determined by the Carrier’s applicable tariff) has been paid in full.

‘Port to Port Shipment’ arises when the Carriage called for by the Bill of Lading is not Combined Transport.

‘Freight’ includes all charges payable to the Carrier in accordance with the applicable Tariff and this Bill of Lading.

‘Consolidator’ means any person who presents for shipment the Goods of another or who packs the cargo of one or more Merchants into a Container which is then presented for shipment as a single unit, and includes the agents and assigns of such person and the holder for the time being (whether for value or otherwise) of the Bill of Lading issued in respect of such Container.

‘Loaded/Discharged’, in the case of a vehicle which is driven on to or off the vessel, loading shall be completed when all road wheels are on the vessel or, in the case of a vessel with its own ramp, on the ramp and discharge shall be completed when all road wheels are off the vessel or the ramp, as applicable.

‘Vessel’ includes the vessel named on the face of this Bill of Lading and any other vessel, lighter or watercraft owned, operated, chartered, or employed by the Carrier or any connecting or substituted water carrier performing carriage under this Bill of Lading.

2. Carrier’s Tariff

The terms of the Carrier’s applicable Tariff are incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agent on request. In the case of inconsistency between the Bill of Lading and the applicable Tariff, the Bill of Lading shall prevail. Particular attention is drawn to the terms therein relating to Container Demurrage/Detention and Free Storage Time.

3. Warranty

The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession of the Goods and the Bill of Lading.

4. Certain Rights and Immunities for the Carrier and Other Persons:

The Carrier shall be entitled to sub-contract, on any terms, the whole or any part of the operations and services undertaken by the Carrier in relation to the Goods
The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the Carrier, including, but not limited to, the Carrier’s servants or agents, any independent contractor and his servants or agents, and all others by whom the whole or any part of the Carriage, whether directly or indirectly, is procured, performed or undertaken, which imposes or attempts to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the Goods, whether or not arising out of negligence on the part of any of them, and, if any such claim should nevertheless be made, to defend, indemnify and hold harmless the Carrier against all consequences thereof. Without prejudice to the foregoing every such servant, agent and sub-contractor shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for their benefit, and entering into the contract the Carrier, to the extent of those provisions, does so not only on his own behalf but also as agent and trustee for such servants, agents and sub-contractor.
The expression sub-contractor in this Clause shall include direct and indirect sub-contractors and their respective servants and agents.
The Merchant shall defend, indemnify and hold harmless the Carrier against any claim or liability (and any expenses arising there from) arising from the Carriage of the Goods insofar as such claim or liability exceeds the Carrier’s liability under the Bill of Lading.

5. Carrier’s Responsibility:

A. PORT TO PORT SHIPMENT

Where the Carriage called for in the Bill of Lading is a Port to Port Shipment, the:-

The liability (if any) of the Carrier for loss of or damage to the Goods occurring from and during loading onto any sea-going vessel up to and during discharge from that vessel or from another sea-going vessel into which the Goods shall have been transshipped shall be determined in accordance with any national law making the Hague Rules or the Hague Rules as amended by the protocol signed at Brussels on 23 February 1968 (the Hague-Visby Rules) or the Hague-Visby Rules as amended by the protocol signed at Brussels on 21 December 1979 (the Hague-Visby/SDR Rules), or the United States of America Carriage of Goods by Sea Act 1936 compulsorily applicable to the Bill of Lading (As issued to the Shipper by the Carrier in the country of the Port of Lading). The Terms of the Bill of Lading (except (B) below) shall apply to such Carriage, save that if any term in the Bill of Lading is inconsistent with or repugnant to the Hague Rules or the Hague-Visby Rules, or the Hague-Visby/SDR Rules as the case may be, it shall be null and void to the extent of such inconsistency or repugnance and no further. Notwithstanding the above, the Carrier’s liability, if any, shall be limited to the loss of or other damage to the Goods occurring from and during loading onto any sea-going vessel up to and during discharge from that vessel, and the Carrier shall have no liability whatsoever for any loss of or damage to the goods (whether it is actual or constructive possession or not) howsoever caused occurring before such loading or after such discharge. If, contrary to the preceding sentence, the carrier is held liable for such loss or damage, he shall nevertheless be entitled to the Particular limitation of liability as set out in The Hague Rules or the Hague-Visby Rules or The Hague Visby/SDR Rules, whichever is incorporated in the national law of the Country of the Port of Loading.

2. For the purpose of determining the extent of the Carrier’s liability for the loss of or damage to the Goods, the sound value of the Goods is agreed to be the invoice value plus freight and insurance if paid.

B. COMBINED TRANSPORT

Where the Carriage called for in the Bill of Lading is Combined Transport then, save as is otherwise provided in the Bill of Lading, the Carrier shall be liable for the loss or damage occurring during Carriage to the extent set out below:

Where the Stage of Carriage where loss or damage occurred is not known.

a. Exclusions: Where the Stage of Carriage where loss or damage occurred is not known the Carrier shall be relieved of liability for any loss or damage if such loss or damage was caused by:-

i. an act or omission of the Merchant,

ii. insufficiency of or defective condition of packing or marking,

iii. handling, loading, stowage or unloading of the Goods by or on behalf of the Me

PACIFIC FORUM LINE - TERMS AND CONDITIONS

1. Definitions

‘Carrier’ means Pacific Forum Line Ltd or Pacific Forum Line (NZ) Ltd on whose behalf the Bill of Lading has been signed.

‘Person’ means any natural person, company, firm, body corporate of unincorporated association or body, including any Government or governmental or statutory instrumentality or port authority.

‘Carriage’ means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this Bill of Lading.

‘Goods’ means the cargo accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier.

‘Port to Port Shipment’ arises when the Carriage called for by the Bill of Lading is not Combined Transport.

‘Freight’ includes all charges payable to the Carrier in accordance with the applicable Tariff and this Bill of Lading.

2. Carrier’s Tariff

3. Warranty

The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession of the Goods and the Bill of Lading.

4. Certain Rights and Immunities for the Carrier and Other Persons:

The Carrier shall be entitled to sub-contract, on any terms, the whole or any part of the operations and services undertaken by the Carrier in relation to the Goods
The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the Carrier, including, but not limited to, the Carrier’s servants or agents, any independent contractor and his servants or agents, and all others by whom the whole or any part of the Carriage, whether directly or indirectly, is procured, performed or undertaken, which imposes or attempts to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the Goods, whether or not arising out of negligence on the part of any of them, and, if any such claim should nevertheless be made, to defend, indemnify and hold harmless the Carrier against all consequences thereof. Without prejudice to the foregoing every such servant, agent and sub-contractor shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for their benefit, and entering into the contract the Carrier, to the extent of those provisions, does so not only on his own behalf but also as agent and trustee for such servants, agents and sub-contractor.
The expression sub-contractor in this Clause shall include direct and indirect sub-contractors and their respective servants and agents.
The Merchant shall defend, indemnify and hold harmless the Carrier against any claim or liability (and any expenses arising there from) arising from the Carriage of the Goods insofar as such claim or liability exceeds the Carrier’s liability under the Bill of Lading.

5. Carrier’s Responsibility:

A. PORT TO PORT SHIPMENT

Where the Carriage called for in the Bill of Lading is a Port to Port Shipment, the:-

The liability (if any) of the Carrier for loss of or damage to the Goods occurring from and during loading onto any sea-going vessel up to and during discharge from that vessel or from another sea-going vessel into which the Goods shall have been transshipped shall be determined in accordance with any national law making the Hague Rules or the Hague Rules as amended by the protocol signed at Brussels on 23 February 1968 (the Hague-Visby Rules) or the Hague-Visby Rules as amended by the protocol signed at Brussels on 21 December 1979 (the Hague-Visby/SDR Rules), or the United States of America Carriage of Goods by Sea Act 1936 compulsorily applicable to the Bill of Lading (As issued to the Shipper by the Carrier in the country of the Port of Lading). The Terms of the Bill of Lading (except (B) below) shall apply to such Carriage, save that if any term in the Bill of Lading is inconsistent with or repugnant to the Hague Rules or the Hague-Visby Rules, or the Hague-Visby/SDR Rules as the case may be, it shall be null and void to the extent of such inconsistency or repugnance and no further. Notwithstanding the above, the Carrier’s liability, if any, shall be limited to the loss of or other damage to the Goods occurring from and during loading onto any sea-going vessel up to and during discharge from that vessel, and the Carrier shall have no liability whatsoever for any loss of or damage to the goods (whether it is actual or constructive possession or not) howsoever caused occurring before such loading or after such discharge. If, contrary to the preceding sentence, the carrier is held liable for such loss or damage, he shall nevertheless be entitled to the Particular limitation of liability as set out in The Hague Rules or the Hague-Visby Rules or The Hague Visby/SDR Rules, whichever is incorporated in the national law of the Country of the Port of Loading.

B. COMBINED TRANSPORT

Where the Stage of Carriage where loss or damage occurred is not known.

a. Exclusions: Where the Stage of Carriage where loss or damage occurred is not known the Carrier shall be relieved of liability for any loss or damage if such loss or damage was caused by:-

i. an act or omission of the Merchant,

ii. insufficiency of or defective condition of packing or marking,

iii. handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant,

iv. inherent vice of the Goods,

v. strike, lock-out, stoppage or restraint of labour, the consequences of which the Carrier could not avoid by the exercise of reasonable diligence,

vi. a nuclear incident if the operator of the nuclear installation or a person acting for him is liable for this damage under an applicable International Convention or national law governing liability in respect of nuclear energy.

vii. any cause or event which the Carrier could not avoid and the consequences of which he could not prevent by the exercise of reasonable diligence.

b. Burden of Proof: The burden of proving that the loss or damage was due to one or more of the causes or events specified in this sub-clause (B) (1) shall rest upon the Carrier save that, when the Carrier establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events specified in paragraphs (a), (ii), (iii) or (iv) above, it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, in fact, caused either wholly or partly by one or more of these causes or events

c. Amount of Compensation: Except as provided in sub-clause (C) (3) below, compensation shall in no circumstances whatsoever and howsoever arising exceed NZ$2.50 per kilo of the gross weight of the goods lost or damaged or the value of the Goods at the time, which ever is the lesser, unless it is proved that the loss or damage resulted from an act or omission of the Carrier done with the intent to cause damage or recklessly and with the knowledge that the damage would probably result.

Where the Stage of Carriage where loss or damage occurred is known. Notwithstanding anything provided for in sub-clause (B) (1) above, where it is known during which stage of Carriage the loss or damage occurred, the liability of the Carrier in respect of such loss or damage shall be determined:-

a. by the provisions contained in any International Convention or national law, which provisions:-

i. cannot be departed from by private contract to the detriment of the Merchant; and

ii. would have applied if the Merchant had made a separate and direct contact with the Carrier in respect of the particular Stage of Carriage where the loss or damage occurred and received as evidence thereof any particular document which must be issued in order to make such International Convention or national law applicable. Provided that an International Convention or national law will determine the Carrier’s liability, as aforesaid, only if it would have been applicable if the contract referred to in (ii) above were governed:

where the loss or damage occurred between the time that the Goods were accepted by the Carrier for Carriage and the time that the Goods were loaded at the Port of Loading, by the internal law of the State of the Place of Acceptance; or

b. where the loss or damage occurred during carriage by sea, by the internal law of the State of the Port of Loading or Discharge or the State in which the Bill of Lading is issued; or

c. where the loss or damage occurred between the time that the Goods were discharged at the final Port of Discharge and the time that the Goods were delivered to Merchant, by the internal law of the State of the Place of Delivery; or,

d. where no International Convention or national law would apply by virtue of (a) above, by the Rules contained in the Schedule of the New Zealand Maritime Transport Act 1994 and its amendments if the loss or damage is known to have occurred at sea or on inland waterways, or

e. by the provisions of sub-clause (B) (1) in cases where the provisions of paragraphs (a) and (b) above do not apply. Where, under the provisions of this sub-clause (B) (2) the liability of the Carrier shall be determined by the provisions of any International Convention or national law, this liability shall be determined as though the Carrier were the Carrier referred to in any such Convention or national law. References in this sub-clause (B) (2) references in the Hague Rules, the Hague-Visby Rules or the Hague-Visby/SDR Rules to carriage by sea shall be deemed to include references to carriage by inland waterways and the Hague Rules shall be construed accordingly.

C. GENERAL (applicable to both Port to Port Shipment and Combined Transport)

Delay: The Carrier does not undertake that the Goods shall arrive at the Port of Discharge or the Place of Delivery at any particular time or to meet any particular market or use and, save as provided in sub-clause (B) (2) above, the Carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage caused by delay. Where, under the provisions of (B) (2) above, the Carrier is liable for delay, liability shall be limited to the element of the freight applicable to the relevant stage of transport provided this is not contrary to the International Convention or national law concerned.
Ad Valorem: Higher compensation may be claimed only when, with the consent of the Carrier, the value of the Goods declared by the Shipper, which exceeds the limits laid down in this Clause, has been stated in the Bill of Lading and extra freight paid if required. In that case the amount of the declared value shall be substituted for those limits. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
Hague Rules Limitation: Subject to (2) above, whenever the Hague Rules are applicable, otherwise than by national law, in determining the liability of the Carrier, the liability shall in no event exceed NZ$200 per package or unit.
Scope of Application: Save as otherwise provided herein, the Carrier shall in no circumstances whatsoever or howsoever arising be liable for direct or indirect or consequential loss or damage. The defenses and limits of liability provided in the Bill of Lading shall apply in any action against the Carrier for loss or damage or delay whether the action be founded in Contract or Tort.
Notice of loss or damage: The Carrier shall be deemed prima facie to have delivered the Goods as described in the Bill of Lading unless notice of loss of or damage to the Goods, indicating the general nature of such loss or damage, shall have been given in writing to the Carrier or to his representative at the Place of Delivery before or at the time of removal of the Goods into the custody of the person entitled to delivery thereof under the Bill of Lading or, if the loss or damage is not apparent, within seven consecutive days thereafter.
Time-Bar: Subject to any provision of this Clause 5 to the contrary, the Carrier shall be discharged of all liability under the Bill of Lading unless suit is brought and notice thereof given to the Carrier within nine months after delivery of the Goods or the date when the Goods should have been delivered.
Exclusion of Limitation: The Carrier shall not be entitled to the benefit of the limitation of liability provided for in Clause 5 (B) (1)) (c) above if it is proved that the loss or damage resulted from an act or omission of the Carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.

Carrier’s Container

The terms of the Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supply of a Container to the Merchant whether before or after the Goods are received by the Carrier for transport or delivered to the Merchant.
The Merchant shall assume full responsibility for, and shall indemnify the Carrier against any loss of or damage to the Carrier’s Container(s) and other equipment which occurs while in the possession or control of the Merchant or any inland carrier engaged by the Merchant.
The Carrier shall in no event be liable for, and the Merchant shall indemnify and hold the Carrier harmless from and against, any loss of or damage to property of other persons or injuries to other persons causes by the Carrier’s Container(s) or the contents thereof during handling by or while in the possession or control of the Merchant or any inland carrier engaged by the Merchant.
Containers, pallets or similar articles of transport supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition as handed over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier’s tariff and elsewhere.

7. Container not packed by or on behalf of the Carrier

If a container has not been packed by or on behalf of the Carrier the following provisions shall apply:

The Carrier shall be under no liability in the event of loss, delay, detention or damage of or to the Container or the contents directly or indirectly caused by the manner in which the contents have been packed and/or stowed inside the Container or by the unsuitability of the contents for carriage in the Container or by the unsuitability of the Container.
The Merchant shall indemnify the Carrier against any loss which the Carrier may suffer, or liability to any person which the Carrier may incur, on account of death or personal injury, or loss, delay, detention or damage of or to any property due to the manner in which the contents have been packed inside the Container or due to the unsuitability of the Container.
The Consolidator shall indemnify the Carrier in respect of any liability which the Carrier may have to the owners of the contents in respect of loss, delay, detention or damage of or to such contents while they or the Container are in the custody of the Carrier, but such indemnity shall extend only to the excess over and above the package limitation figure prescribed by the legislation to which the Bill of Lading is subject, as otherwise prescribed or damage is due, directly or indirectly, to any of the causes referred to in (1) and (2) above in which case the Shipper shall indemnify the Carrier in full.

8. Inspection of Goods

The Carrier shall be entitled, but under no obligation, to open any Container or package at any time and to inspect the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or the Goods or any part thereof, the Carrier may, without notice to the Merchant, abandon the transport thereof and/or take any measures and/or incur any reasonable additional expense to transport or to continue the transport or to store the same, ashore or afl oat, under cover or in the open, at any place. This abandonment or storage shall be deemed to constitute due delivery under the Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable expense so incurred.

9. Description of Goods

The Bill of Lading shall be prima facie evidence of the receipt by the Carrier in apparent good order and condition, except as otherwise noted, of the total number of containers or packages or units shown on the face of the Bill of Lading. No representative is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.

10. Merchant’s Responsibility

The Merchant warrants to the Carrier that the particulars relating to the Goods set out on the face of the Bill of Lading have been checked by the Merchant on receipt of the Bill of Lading and that such particulars and any other particulars furnished by or on behalf of the Merchant are correct. The Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in, or inadequacy of, such particulars

11. Freight and Charges

Freight shall be deemed fully earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event.
The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies relative to Freight in the applicable Tariff.
The Freight has been calculated on the basis of particulars furnished by or on behalf of the Merchant. The Carrier may, at any time, open any Container or other package or unit in order to reweigh, remeasure or revalue the contents and, if the particulars furnished by or on behalf of the Merchant are incorrect, it is agreed that a sum equal to either five times the difference between the correct Freight and the Freight charged or to double the correct Freight less the Freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Carrier.
Freight and liquidated damages under sub-clause (3) of this Clause may be recovered by the Carrier from any person falling within the definition of ‘Merchant’ in Clause 1.

12. Lien

The Carrier shall have a lien on the Goods and any documents relating thereto for all sums whatsoever due at any time to the Carrier from the Merchant under the contract or any previous contract, and for General Average contributions to whomsoever due and for the cost of recovering the same and for that purpose shall have the right to sell the Goods by public auction or private treaty without notice to the Merchant. If, on sale of the Goods, the proceeds fail to cover the amount due and the cost incurred, the Carrier shall be entitled to recover the deficit from the Merchant.
If the Goods are unclaimed during a reasonable time or whenever, in the Carrier’s opinion, the Goods will become deteriorated, decayed or worthless, the Carrier may, at his discretion and without notice to the Merchant and without prejudice to any other rights which he may have hereunder and without any responsibility attaching to him sell, abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant.

13. Optional Stowage

The carrier shall have the right to stow cargo by means of containers, trailers, transportable tanks, flats, pallets or any similar articles of transport used to consolidate goods
Goods stowed in Containers, whether by or on behalf of the Carrier, or by the Merchant or by the Consolidator, may be carried on deck or under deck without notice to the Merchant. Such Goods, whether carried on deck or under deck, shall participate in General Average and such Goods (other than live animals) shall be deemed to be within the definition of ‘goods’ for the purpose of the Hague Rules or the Hague-Visby Rules or the Hague-Visby/SDR Rules.
Goods (not being goods stowed in completely sealed containers having their own integral walls and roof as well as base) which are stated herein to be carried on deck and are so carried, are carried without responsibility on the part of the carrier for loss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence of the carrier or its servants, agents or independent contractors.

14. Deck Cargo and Live Animals

None of the Hague Rules, Hague-Visby Rules nor the Hague-Visby/SDR Rules shall apply to Goods (not being Goods stowed in Containers) which are stated in the Bill of Lading to be carried on deck, and are so carried, or to live animals whether or not carried on deck.
The Carrier shall have not responsibility for loss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever, for Goods which are stated in the Bill of Lading to be carried on deck and are so carried.
Live animals are carried at the sole risk of the Merchant. The Carrier shall be under no liability whatsoever for any injury, illness, death, delay or destruction howsoever arising even though caused or contributed to be the act, neglect or default of the Carrier or by the unseaworthiness or unfitness of any vessel, craft, conveyance, Container or other place existing at any time. In the event of the Master, in his sole discretion, considering that any live animal is likely to be injurious to the health of any other live animal or of any person on board or to cause the vessel to be delayed or impeded in the prosecution of the voyage, such live animal may be destroyed and thrown overboard without any liability attaching to the Carrier. The Merchant shall indemnify the Carrier against all and any extra costs incurred for any reason whatsoever in connection with the carriage of such live animals.

15. Iron and Steel Products.

The Carrier need not take exceptions to, and is not held responsible for atmospheric rust, superficial oxidation, white rust, or any other alteration due to unavoidable sweat or moisture, which might affect the external aspects of the iron or steel goods or result from their special nature.

16. Timber

Any statement hereon that timber has been shipped in apparent good order and condition does not involve any

admission by the Carrier as to the absence of stains, warps, shakes, splits, holes or broken pieces, and this clause shall be deemed to constitute express notice to all persons taking delivery on the terms of this Bill of Lading that such timber does or may contain pieces so affected.

17. Refrigerated Cargo

The Merchant undertakes not to tender for carriage any Goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained and, in the case of a refrigerated Container packed by the Merchant, further undertakes that the Goods have been properly stowed in the Container and that its thermostatic controls have been adequately set by him before receipt of the Goods by the Carrier. If the above requirements are not complied with the Carrier shall not be liable for any loss of or damage to the Goods howsoever arising.
The Carrier shall not be liable for any loss of or damage to the Goods arising from latent defects, derangement, breakdown, stoppage of the refrigerating machinery, plant insulation and of any apparatus of the Container, vessel, conveyance and any other facilities, provided that the Carrier shall before or at the beginning of the carriage exercise due diligence to maintain the refrigerated Container in an efficient state.

18. Methods and Routes of Transportation

The Carrier may at any time and without notice to the Merchant:-

a. use any means of transport or storage whatsoever,

b. unpack or remove the Goods which have been stowed into a Container and forward the same in a Container or otherwise,

c. proceed by any route in his discretion (whether or not by the nearest or most direct or customary or advertised route) and proceed to or stay at any place or port whatsoever once or more often and in any order,

d. load or unload the Goods at any place or port (whether or not any such port is named on the face of the Bill of Lading as the Port of Loading or Port of Discharge) and store the Goods at any such place or port,

e. comply with any orders or recommendations given by any government or authority or by any person or body acting or purporting to act as or on behalf of such government or authority or having, under the terms of the insurance on the conveyance employed by the Carrier, the right to give orders or directions.

f. permit the vessel to proceed with or without pilots, to tow or be towed, or to be dry docked.

The liberties set out in sub-clause (1) above may be invoked by the Carrier for any purpose whatsoever, whether or not connected with the Carriage of the Goods including undergoing repairs, towing or being towed, adjusting instruments, dry-docking and assisting vessels in all situations, and anything done in accordance with sub-clause (1) above or any delay arising there from shall be deemed to be within the contractual Carriage and shall not be a deviation.
By tendering the Goods for Carriage without any written request for carriage in a specialized Container or for carriage in a specialized Container or for carriage otherwise than in a Container the Merchant accepts that the Carriage may properly be undertaken in a general purpose Container.

19. Matters Affecting Performance

If, at any time, the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (other than the inability of the Goods or any part thereof safely or properly to be carried or to be carried further), howsoever arising (even though the circumstances giving rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time the contract was entered into or the Goods were accepted for Carriage) and which cannot be avoided by the exercise of reasonable endeavours, the Carrier (whether or not the Carriage is commenced) may either:-

a. without notice to the Merchant, abandon the Carriage of the Goods and place the Goods or any part of them at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full Freight on Goods accepted for Carriage, and the Merchant shall pay any additional costs of Carriage to, and delivery and storage at, such place or port, or

b. without prejudice to the Carrier’s right subsequently to abandon the Carriage under (a) above, upon notice to the Merchant, suspend Carriage of the Goods or any part of them and stow them ashore or afloat upon the terms of the Bill of Lading against payment of such reasonable additional charges as the Carrier may determine. The Carrier undertakes to use reasonable endeavours to forward the Goods, the Carriage of which has been suspended, as soon as possible after the cause of hindrance, risk, delay, difficulty or disadvantage has been removed but makes no representations as to the maximum period between such removal and the forwarding of the Goods to the Place of Delivery or Port of Discharge, as the case may be, named in the Bill of Lading.

20. Dangerous Goods

No Goods which are, or may become, dangerous, inflammable, explosive, corrosive, noxious, hazardous or damaging (including radioactive material(s) or which are, or may become, liable to damage any property whatsoever, shall be tendered to the Carrier for Carriage without his express consent and without the Container, or other covering in which the Goods are to be transported, and the Goods being distinctly marked on the outside so as to indicate the nature and character of any such articles and so as to comply with any applicable laws, regulations or requirements. If any such articles are delivered to the Carrier without such written consent and marketing or, if in the opinion of the Carrier, the articles are, or are liable to become, of a dangerous, inflammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier’s right to Freight.
The Merchant undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws of regulations which may be applicable during Carriage and Handling.
Whether or not the Merchant was aware of the nature of the Goods the Merchant shall indemnify the Carrier against all claims, losses, damages or expenses arising in consequences of any kind of breach of the provisions of this Clause.
Nothing contained in this Clause shall deprive the Carrier of any of his rights otherwise provided for.

21. Regulations Relating to Goods

The Merchant shall comply with all regulations or requirements of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imports expenses or losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient packing, marking, numbering or addressing of the Goods and shall indemnify the Carrier in respect thereof.

22. Indemnity Relating to Goods

The Merchant shall defend, indemnify and hold harmless the Carrier against any claim or liability (or any expenses related thereto) arising from any discharge from the Carrier’s vessel or any part thereof or container or other article of transport carried by the container or the Merchant, of any oil, water pollutant, hazardous substance, or any other matter, the discharge of which is contrary to or prohibited by any national, international, state, municipal or other law, statute or convention.

23. Notification and Delivery

Any mention in the Bill of Lading of parties to be notified of the arrival of the Goods is solely for information of the Carrier and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
The Merchant shall take delivery of the Goods within the time provided for in the Carrier’s Tariff. In any case, where there has been made between the Carrier and the Merchant the arrangement that the Merchant shall directly take delivery of the Goods from alongside or on board a sea-going vessel at the Port of Discharge, the Merchant shall do so as soon as the vessel is ready to discharge them at any wharf or place in that port on any day and at any time.
If the Merchant fails to take delivery of the Goods or any part of them in accordance with sub-clause (2) above, the Carrier may, without notice, unstow the Goods or that part thereof and/or store the same ashore or afloat, in the open or under cover. Such storage shall constitute due delivery hereunder and thereupon all liability whatsoever of the Carrier in respect of such Goods shall cease.
The Merchant’s attention is drawn to the stipulations concerning free storage time and demurrage contained in the Carrier’s applicable Tariff which is incorporated in the Bill of Lading. One of the original Bills of Lading must be surrendered duly endorsed in exchange for the goods or delivery order.

24. Special Delivery

The special arrangements for receiving the Goods as Full Container Load and delivering them as Less than Container Load (FCL/LCL) and/or for split delivery of the Goods to more than one receiver shall be undertaken by the Carrier at his absolute discretion and on condition that the Carrier shall not be liable for any shortage, loss, damage, or discrepancies of the Goods, which are found upon unpacking the Container. The Merchant shall be liable for an appropriate adjustment of Freight and shall pay any additional cost incurred, including storage.
The special arrangements for receiving the Goods as Less than Container Load and delivering them as Full Container Load and delivering them as Full Container Load (LCL/FCL) shall be undertaken by the Carrier at his absolute discretion and on condition that the Carrier shall not be liable for any shortage, loss, damage or discrepancies of the Goods which are not apparent at the time of such delivery, provided that the Carrier shall have exercised ordinary care in packing the Container.

25. Both to Blame Collision

If the carrying ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying ship, the Merchant undertakes to pay the Carrier or, where the Carrier is not the owner and in possession of the Carrying ship to pay the Carrier as trustee for the owner and/or demise charterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or owner and/or demise charterer of the carrying ship against all loss or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss or damage to his Goods or any claim whatsoever of the Merchant paid or payable by the other or non-carrying ship or her owners to the Merchant and set off, recouped or recovered by the other or non-carrying ship or her owner as part of their claim against the carrying ship or her owner or demise charterer or the Carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision, contact, stranding or other accident.

26. General Average

As from time to time amended.

General average shall be adjusted, stated and settled at Auckland or any other port or place at the Carrier’s option according to the York-Antwerp Rules, 1994 or any amendment, revision or replacement of these Rules, and as to matters not provided for by these Rules, according to the laws and usages of the port or place of adjustment, and in the currency selected by the Carrier. The general average statement shall be prepared by the adjusters appointed by the Carrier. Average agreement or bond and such cash deposit as the Carrier may deem sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon and any other additional securities as the Carrier may require shall be furnished by the Merchant to the Carrier before delivery of the Goods.
In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute, contract or otherwise, the Goods, Shippers, Consignees or owners of the Goods shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods.
In the event that the Master in his sole discretion or in consultation with the owners considers that salvage services are needed, the Merchant agrees that the Master may act as his agent to procure such services to Goods and that the Carrier may act as his agent to settle salvage remuneration, without any prior consultation with the Merchant.

27. Fire

Save as provided otherwise herein, the Carrier shall not be responsible for any loss of or damage to the Goods arising or resulting from fire occurring at any time, unless caused by the actual fault or privity of the Carrier.

28. Law and Jurisdiction

Any claim or dispute arising under the Bill of Lading shall be determined by the courts of the country where the Carrier has its principal place of business and according to the law of those courts or, at the option of the Merchant, by the New Zealand courts according to New Zealand law.

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